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Subordinate Court of Zambia - 2018

2 judgments
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2 judgments
December 2018
The People v Laura Miti and 5 Ors (SSPB/017/2018) [2018] ZMSUB 2 (21 December 2018)
Accused acquitted where police failed to comply with Public Order Act timelines, rendering the order unlawful and no case to answer.
  • Criminal law — disobedience of lawful orders — requirement that order be lawful and issued by person acting in public capacity — Public Order Act (Cap 113) — notice and five‑day written response — right to peaceful assembly — no case to answer where essential element (lawfulness of order) not proved.
21 December 2018
July 2018
People v Mwenda and Anor (IPG 48 of 2018) [2018] ZMSUB 1 (23 July 2018)
Prosecution failed to establish a prima facie case of indecent assault due to inconsistencies and lack of corroboration.
  • Criminal law — indecent assault — elements and burden of proof; corroboration in sexual‑offence cases; no case to answer — section 206 CPC; delayed complaint and witness credibility; motive/interest affecting reliability.
23 July 2018